I would venture that many high schools in Utah - if not the country - already violate Title IX in more subtle ways. My high school had a newer, larger gym where the boys BB team practiced and played. The girls BB team practiced in the older, small gym. Technically a T IX violation. Boys teams got new uniforms more often. T IX violation. Same would apply for differences in practice time or length, number of competitive events, or even the days of week or time of day when boys and girls games are held.

But not offering a separate football team for girls is not necessarily a Title IX violation. If a high school or district has equal male/female enrollment, 80% of boys are interested in playing sports, and 80% of girls are as well, then the school district would have to have to offer equal number of overall 'spots' for boys and girls to participate in sports. But if 80% of boys are interested in participating in varsity sports and 60% of girls are, then the interpretation of Title IX allows schools to get away with having 25% fewer varsity sports spots for girls.

The lawsuit may be successful, but if so, they'll likely have to show that either:

(a) schools have been in long-standing violation of Title IX and offered fewer participation opportunities to girls such that adding girls football finally evens the playing field...or...

(b) there have been recent changes in girls' sports interest so the ratios have changed and more opportunities now need to be provided for girls. If most of the girls that want to play football already participate in track, softball, basketball, etc...then unfortunately it doesn't change the ratio much and likely require adding another sport.

If these aren't met, then Sam and family will have to rely on arguing equivalent opportunities...which isn't a great argument. Girls' field hockey exist in many areas without an opposite sex version. In those cases, boys can join the girls team (but have to wear the same uniform). If a school already is in compliance with the equal participation rule, then schools only have to allow girls to try out for football to see if they are good enough to make the team - not offer a girls only version of the sport.

It gets even harder if schools have competitive Cheerleading or Drill teams that don't allow boys equal opportunity to join. In those cases it is also possible to argue that those extracurriculars may also be considered part of the sports participation count for Title IX purposes...